High Court · 2025

CMA No. 556 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16-06-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 556 of 2024ANDCMP NO. 5508 OF 2024,CROS.OBJ NO. 3 OF 20251. The United India Ins Company Ltd14/1-77 B Salem Main Road, Puduchampalli, Mettur Dam 636 403Appellant(s)Vs1. Rangasamy @ Rajendran Died 1. R.SubbulakshmiW/O. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt2.R.SumathiW/O. Rangasamy, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru https://www.mhc.tn.gov.in/judis CMA No. 556 of 2024Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt3.R.Ravichandran @ RavivandranS/o. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt4.A.D.SampathS/O. Thangavel, No.9, Mudhaliyar St, Athiyur Post Bhavani Tk, Erode Dist5.S.VijayalakshmiW/O. T.K.V.Shanmugam, 554, Main Road, Bhavani Post, Erode Dist 638 301Respondent(s)CROS.OBJ No. 3 of 20251. R.SubbulakshmiW/o.Rangasamy @ Rajendran, res at Puliamarathottam, Pethikuttai, Irumparai, Sirumugai Post, Mettupalyam Taluk, Coimbatore District Now res at D.No.35, Nehru Nagar, Backside of Ayyappan Koil, Punjai Puliampatti and Post, Sathyamangalam Taluk, Erode District. https://www.mhc.tn.gov.in/judis CMA No. 556 of 20242.R.SumathyW/o.Ramasamy, res at Puliamarathottam, Pethikuttai, Irumparai, Sirumugai Post, Mettupalyam Taluk, Coimbatore District Now res at D.No.35, Nehru Nagar, Backside of Ayyappan Koil, Punjai Puliampatti and Post, Sathyamangalam Taluk, Erode District.3.R.RavichandranS/o.Rangasamy @ Rajendran (Died), res at Puliamarathottam, Pethikuttai, Irumparai, Sirumugai Post, Mettupalyam Taluk, Coimbatore District (Amended as per order in IA No.778/2017, dt. 17.06.2017) Now res at D.No.35, Nehru Nagar, Backside of Ayyappan Koil, Punjai Puliampatti and Post, Sathyamangalam Taluk, Erode District.Appellant(s)Vs1. The United India Insurance Co. Ltd.14-1/77B, Salem Main Road, Puduchampalli, Mettur Dam-6364032.A.D.SampathS/o.Thangavel, No.9, Mudaliyar Street, Anthiyur Post, Bhavani Taluk, Erode District3.S.VijayalakshmiW/o.T.K.V.Shanmugam, 554, Main https://www.mhc.tn.gov.in/judis CMA No. 556 of 2024Road, Bhavani Post, Erode District-638301Respondent(s)CMA No. 556 of 2024PRAYERTo set aside the Award and Decree Dated 05.10.2017 made in MCOP.No. 360 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam.CROS.OBJ No. 3 of 2025PRAYERTo set aside negligence and to enhance the award in MCOP No.360/2012 on the file of Motor Accidents Claims Tribunal, Sub Judge, SathyamangalamCMA No. 556 of 2024For Appellant(s):C.ParanthamanFor Respondent(s):V/r. M/s. P. Saleem Fathima Rr 1 To 5COMMON JUDGEMENT CMA No. 556 of 2024 has been filed to set aside the Award and Decree Dated 05.10.2017 made in MCOP.No. 360 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam.2. Cross Objection No. 3 of 2025 has been filed to set aside negligence and to enhance the award in MCOP No.360/2012 on the file of Motor Accidents https://www.mhc.tn.gov.in/judis CMA No. 556 of 2024Claims Tribunal, Sub Judge, Sathyamangalam3. The brief facts of the case:On 01-07-2012 at about 16.30 Hrs the petitioner was riding his motor cycle TVS XL Super bearing registration number TN-40-E-2587 on Sirumugai to Sathy main road road near Gooddown bridge from South to North direction on the extreme left side of the road at moderate speed. At that time the Tempo bearing registration number TN-36-U 8388 was coming in the opposite direction with high speed and in a rash and negligent manner and without using horn, without observing the road rules and hit against the deceased motor cycle. Due to the ill fated accident the deceased has sustained grevious injuries on the left leg the left leg was amputated, and grevious injuries all over the body. Immediately after the accident the deceased has been admitted at Government Hospital Mettupalayam and further Treatment at Ramakrishna Hospital Coimbatore and he was died on 19.09.2012. Thereafter, the claimants filed the petition before the tribunal claiming compensation. The Insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs.6,59,447/- as compensation. Challenging the award passed by the tribunal insurance company filed the https://www.mhc.tn.gov.in/judis CMA No. 556 of 2024appeal and the claimants filed the cross objection.4. The learned counsel for the Insurance company submits that no post mortem was done by the hospital authorities and charge sheet has not converted into 304 A IPC without which tribunal has erroneously awarded compensation by adopting multiplier method. Further, he submits that the accident happened due to the negligence of the both the deceased and driver of the vehicle therefore, the tribunal ought to have fixed 50:50 contributory negligence but it failed. Hence, he prays to set aside the award passed by the tribunal.5. The learned counsel for the claimants submit that the tribunal ought to have adopted 11 multiplier instead it adopted 9 multiplier. Hence, he prays to enhance the compensation. 6. On perusal of the records, it clearly shows that the deceased died due to the accident. Hence, the objection raised by the insurance company is unsustainable. Accordingly, the appeal filed by the insurance company in CMA No. 556 of 2024 is dismissed. https://www.mhc.tn.gov.in/judis CMA No. 556 of 20247. In respect of cross objection filed by the claimants, this Court is inclined to fix 11 multiplier. Further, the accident was happened in the year 2015. Hence, this Court is inclined to fix Rs.10,000/- as notional income of the deceased. Accordingly, the claimants are entitled to Rs.8,80,000/-{10,000x12x11-(1/3). Further, the tribunal has excessively awarded a sum of Rs. 2,80,000/- under the head of love and affection. Hence, this Court is inclined to reduce award amount from Rs.2,80,000/- to Rs.1,00,000/- under the head of love and affection. Further, this Court inclined to reduce contributory negligence from 25% to 15% on the part of the deceased. 8. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 1.Loss of dependency Rs.3,60,000/-Rs.8,80,000/-2.Loss of IncomeNil Nil3.Medical ExpensesRs.2,14,263/-Rs.2,14,263/-4.For love and affectionRs.2,80,000/-Rs.1,00,000/-5.Extra NourishmentNilNil6.Attender chargesNilNil7.Damages to cloths and articleNilNil8.Lost of amenitiesNilNil https://www.mhc.tn.gov.in/judis CMA No. 556 of 2024S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 9.Funeral expense Rs.25,000/-Rs.25,000/-10TotalRs.8,79,263/-Rs.12,19,263/-9. After deducting 15% contributory negligence, the claimants are entitled to Rs.10,36,380/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.10,36,380/-. The Insurance Company/appellant is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP.No. 360 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal.7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.16-06-2025Pbl https://www.mhc.tn.gov.in/judis CMA No. 556 of 2024To1.Rangasamy @ Rajendran Died 1. R.SubbulakshmiW/O. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt2.R.SumathiW/O. Rangasamy, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt3.R.Ravichandran @ RavivandranS/o. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt https://www.mhc.tn.gov.in/judis CMA No. 556 of 20244.A.D.SampathS/O. Thangavel, No.9, Mudhaliyar St, Athiyur Post Bhavani Tk, Erode Dist5.S.VijayalakshmiW/O. T.K.V.Shanmugam, 554, Main Road, Bhavani Post, Erode Dist 638 301.6. The Section Officer, V.R Section, High Court, Madras.7. The Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam. https://www.mhc.tn.gov.in/judis CMA No. 556 of 2024T.V.THAMILSELVI J.CMA No. 556 of 2024AND CMP NO. 5508 OF 2024,CROS.OBJ NO. 3 OF 202516-06-2025